HomeMy WebLinkAboutORDINANCES-1975-094-O-7512-4-75, 12-12-75
1-22-76
Adopted as amended 1-26776
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I AN ORDINANCE
Licensing and Regulating Coin -Operated
and Amusement Devices
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY,
0 --LLINOIS:
SECTION 1: That Chapter 25 of the Code of the City of Evanston, 1957,
as amended, be further amended by adding thereto Sections
25-100 through 25-124, inclusive, dealing with licensing and regulating of
Ccoin-operated devices as follows:
"Section 25-100. Definitions.
(a) Coin -operated device. The term coin -operated device as used herein
means any coin -operated device, machine or device operated by means of
a coin, token, or similar object, for purpose of providing to the con-
sumer something of value. The term includes vending machines for food,
beverages, confections, packaged and unpackaged products,•musical devices,
amusement device, mechanical laundries and dryers, and machinery which
provides a service to the consumer upon the deposit of coins.
(b) Amusement device. The term amusement device as used herein means
an apparatus used by a consumer which in return for the payment of a
fee provides the user with diversion or amusement by physical or mental
j competition conducted in accordance with prescribed rules or conditions.
(c) Proprietor. A proprietor is hereby defined to be any person, firm,
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corporation, partnership, association or club who, as the owner, lessee,
or proprietor has under his or its control any establishment, place or
premises in or at which such device is placed or kept for use or play, or
on exhibition for the purpose of use or play by persons other than the
owner or proprietor of such device and his immediate family.
(d) Automatic Dry Cleaning Machine. The term automatic dry cleaning
machine is hereby defined to mean any mechanical device, apparatus or
appliance which may be loaded, activated, and unloaded by the customer
for the purpose of cleaning wearing apparel, cloth, fabrics, textiles,
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and related materials by immersion and agitation, or immersion only,
in a non -aqueous solvent.
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(e) Automatic Dry Cleaninq Establishment. The term automatic dry
,cleaning establishment is hereby defined to mean any premises for I
the public use of one or more automatic dry cleaning machines. :
(f) Customer Area. The term customer area is hereby defined to mean j
the area of an establishment which is available to customers in f
order that they may make use of machines.
(g) Maintenance Area. The term maintenance area as used herein
means those portions'of an establishment in which all working or i
mechanical portions of the appliances or devices, except the customer's
side -of the appliances, are accessible.
Section 25-101. License Required. No person, firm, or corporation �
shall engage in the business of a proprietor of coin -operated or
amusement devices as the terms are herein defined, without first i
having obtained a license therefor. i
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Section 25-102. Proprietor's License Fees. The annual license fees
for proprietors of coin -operated and amusement devices shall be as
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follows: i
Amusement devices $100.per device
Auto laundry devices $100 per device
Beverage dispensing devices, $ 25 per device
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Cigarette dispensing devices. $100 for the first machine and $15
for each additional machine '
Clothes laundry, Drying and
Dry cleaning devices $ 5 per device to a maximum of $150
Confection Dispensing devices $ 25 per device i
Food dispensing devices $ 25.per device
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Musical devices
$ 50 per device �
Service devices (miscellaneous) $ 25 per device
Section 25-103. Exemptions. Nothingcontained herein shall be con-
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strued to impose a license fee.upon U.S. Postal Service postage -dis-
pensing devices, coin -operated telephones, coin -operated parking meters
private parking control devices, or vending devices which require a
coin of less than five (5) cents.
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Section 25-104. Application for License. Application for license
hereunder shall be filed in writing with the City Finance Director
on a form to be provided by the City and shall specify: ,
(1)• The name and address of the applicant, and if a firm,
corporation, partnership or association, the principal officers
thereof and their addresses. '
(2) The address of the premises where the licensed device or
devices are to be operated, together with the character of the ( #
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business as carried on at such place.
(3) The trade name, general description and total number of `
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devices to be licensed.
(4) The*name and address of the owner -of the device if other
,than the proprietor.
The proper license fee shall accompany such application. Applica-
tion for license hereunder shall be to .the City Collector who shall
make or cause to be made such investigation as he deems necessary.
Upon approval of the application, the license shall be issued by
,the Finance Director and the Finance Director shall remit the fee
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q� to'the City Collector. If the license is denied, the fee shall be
returned to the applicant. All licenses under this,article-shall
expire on December 31 following their issuance. The license shall i
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be posted in a conspicuous place on the device. Such license shall i
be non -assignable and non-transferrable. by the proprietor, but may i
be. -transferred from one machine to a replacement device without
notification to the City Collector.
Section 25-105. Amusement Device Played by Persons Under Fourteen (14)
Prohibited.
No person under the age of fourteen (14) years shall la operate
play or P
an amusement device, except when accompanied by a parent or legal
guardian. No proprietor shall permit or allow any person under the
age of fourteen (14) years to operate or play any amusement device
except when accompanied by a parent or legal guardian.
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Section 25-106. Amusement Devices Prohibited in Certain Locations.
No license shall be issued to an operator or proprietor of an amusement
device, nor shall any operator or proprietor operate an amusement device
upon any premises within 500 feet of the property line -of any.elementary
or junior high school; provided, however, that facilities operated by the
City of Evanston Recreation Board shall not be subject to the provisions
of this Section.
Section 25-107. Inducements to Play Amusement Devices. It shall
be unlawful for any proprietor of an amusement device to pay or give
or promise to pay or give to any consumer using such device any U.S.
currency, token or anything of value for use in conjunction with
such device for free play, or as an inducement or reward for playing
said device; provided, however, that this section shall not be deemed
to prohibit the award of free.use of the device upon the achievement
of a predetermined score or result. The satisfaction of such an
award of free use of the device shall not be converted by the pro-
prietor to cash or other thing of value.
Section 25-108. Amusement Devices, Limit on (umber. It shall be
unlawful for any proprietor of an amusement device to have or maintain
upon or within.a single premises, in excess of six amusement devices.
Section 25-109. Installation of Automatic Dry-Cleaninq Machines,
Permit Required.
It shall be unlawful to install any automatic dry-cleaning machine
as defined herein without having first secured a permit therefor.
Application for such Permit shall be made in writing pursuant to the
terms of this Ordinance. Prior to the issuance of such license,
the application therefor shall be approved by the Director of
Building and Zoning, the Public Health Official and the Fire Marshal.
In addition to the information required by Section 25-104 of this
Ordinance, applicants shall provide full information as to the
mechanical equipment of each machine, and provisions for ventilation
for both the machine and the room in which the machine will be located.
Section 25-110. Automatic Dry Cleaning Machines, General Requirements.
(a) Machines and equipment shall not be installed in buildings used
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for occupancy as an apartment or other dwelling unless prior approval
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of the departments having licensing jurisdiction is obtained.
(b) Every establishment shall have windows of such size and location
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that the customer area is easily visible from the outside.
(e) Properly fitted respiratory protective equipment of adequate
capacity, approved by the U.S. Bureau of Mines for protection against
organic vapors, .shall be provided for maintenance personnel and must
be kept in good repair and available for immediate use.
(d) Only the solvent for which the equipment was designed shall 1
be used unless prior approval of the licensing departments is
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obtained.
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(e) Each machine shall be enclosed by a cabinet. -The cabinet shall
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be.provided with vents at or near its bottom and connected to exhaust
ventilation adequate to prevent the escape of vapor to the surrounding
iatmosphere.
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(f) The cleaning cycle shall be.such that there will be no appreciable
odor of solvent retained in the cleaned items upon completion of the
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normal dry cleaning cycle, and the entire cycle shall be self-contained
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., and completed in one machine.
(g) The dry-cleaning machines shall be so designed that they are !
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inoperable when their front or loading doors are open. Furthermore,
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such machines shall be so designed that the loading doors cannot be
opened during the normal operating cycle, nor during an abnormal I
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interruption thereof due to electrical or mechanical failure or both.
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Section 25-111. Automatic Dry Cleaning tlachi-nes, Installation Requirements.:
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(a) l.. The equipment shall be installed so that only the front of ++±
the machine shall be exposed in the customer area. The working '
or maintenance. portion of the equipment shall be separated from I
the front of the machine by a panel wall. This panel wall or
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partition shall contain grill openings or other perforations near
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the machines to permit the movement of air through the partition.
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There shall be a minimum flow rate of air from the customer
area through the partition as follows:
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M aim= Flow Rate
Number of Machines Per Machine (cfm)*
1 - 3 350 •
4 - .8 300
9 - 16 250
17 or more 200
.*Each cleaning cell shalI*constitute one machine
The exhaust ventilation shall be on a continuous operating basis
while the store is open for business. The fresh air intakes
into the customer area shall be provided with an air tempering
device capable of warming the entire volume of air to at least
60.degrees F. at the mean annual winter temperature.
(a) 2. As an alternate to Section 25-111(a)l.,-the machines may be
provided with a front panel which can be sealed to the floor and
to the surrounding panel wall between the customer and maintenance t
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areas.• There shall be no openings in the panel wall except the.
access door. This door shall.be of tight construction• and equipped I
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with a self -closing device. The ventilation in Section 25-111(a)l.
required shall be provided for the service area with a fresh
air intake from the outside atmosphere. The intake shall be so
sized as to maintain a negative pressure in the service area at
all times.
(b) A scavenger duct shall be provided for every two machines to
provide adequate exhaust ventilation around the machine bases. This
duct shall• terminate near the floor in the -service area .and shall
be directly connected to the exhaust ventilation system.
(c) One or more general ventilation fans shall be installed in the
maintenance area to exhaust air to the exterior in the event of
accidental solvent leakage. An air flow of at least 500 cfm per
machine shall be exhausted when these fans and the ventilation
devices required by Section 25-111(a)l., and 25-111(a)2., are operated
simultaneously.-
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(d) The cleaning machine must be provided with an exhaust system
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capable of maintaining a minimum air flow of 100 feet per minute
face velocity in through the loading door whenever the door is open.'
Duct -work connection from this system must be sealed (soldered or
.taped) and the.discharge stack extended to a minimum height of five
feet above the roof peak. The discharge stack shall be extended
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five feet above the top of any window located _within 25 feet of the
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opening, and shall be located horizontally as far as possible
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from any air intakes. All exhaust from the maintenance area shall
have a separate duct system and -discharge to the atmosphere as
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outlined in this section.-
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(e) All combustion air for gas, oil, or other heating equipment
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shall.be obtained from the outside atmosphere or from other areas
that are not interconnected with rooms in whidh drycleaning machines
are installed. The concentration of solvent vapor in combustion
air shall not exceed 5 parts per million.
(f) Machines and filter assemblies shall be installed within either
-a dike or pan and piping system of adequate capacity to contain
the solvent should leakage occur. Some means shall be provided for
-draining the solvent in the event of a leak. This may be done •.
by •gravity flow with the solvent transferred to an emergency holding
tank. This tank shall be vented to the outside or to the machine
storage tank or exhaust system stack.
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(g) If the machine is connected to the City waXer supply, it shall
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be equipped with an air duct or properly installed vacuum breaker in
the water supply line upstream from the condenser. There shall be .
no control valves downstream from the vacuum breaker. The waste
water shall discharge through an air gap.
Section 25-112. Automatic Dry Cleaning Machines, Operation Regulations.
(a) No such automatic dry-cleaning machine shalll be operated unless
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all the equipment described in the foregoing sections is properly
•installed and in good working.condition.
(b) A competent, trained operator shall be on duty whenever the
establishment is open to the general public.
(e) Complete step-by-step operating instructions shall be posted
near the machines for customer use. Included in the instructions
shall be a notice to call the attendant if any solvent odor remains
-in the cleaned material. .
(d) Control is to be such that under normal operating conditions
concentrations of solvent vapor in the customer area shall not
exceed 0.4 of the applicable Threshold Limit Value established by
the American Conference of Governmental Industrial Hygienists• and,
in the maintenance area, shall not exceed the full Threshold Limit
Value. The use of devices or substances which tend to mask the
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solvent odor shall be prohibited.
(e) The bulk solvent shall be stored in tightly closed containers
and should be transferred from the containers by means of a closed '
'system. All storage facilities for solvent, external from the
equipment, shall be adequately and properly labeled.
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(f) Filter residue and other residues containing solvent shall be
stored and disposed of so as not to create a health hazard or
nuisance. It shall be unlawful to permit any residue containing
solvent to flow into the sewer system of the City. Tightly covered
metal containers shall be used for temporary storage of such .waste.
Such containers shall bear labels indicating the contents and dangers
involved in handling and shall be locked if in an unenclosed place. ,
(g) Detailed installation, operation and maintenance manuals for !
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equipment shall be made available to authorized representatives of
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the departments having licensing jurisdiction over the establishments. !
Section 25-113. Food, Beverage, Confection-Dispensinq Devices: !
Cleanliness, Inspections. II
All food, beverage and confection -.dispensing devices shall be maintained
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in a clean and sanitary condition, free from rodent, insect or
•bac�erial infestation. -It shall be the duty of the Director of
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Public Health to make or cause to be made such inspections as
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may be necessary to insure that all devices dispensing food,
'beverages or confections are kept and maintained in a clean and ,
sanitary condition. ;
Section 25-114. Food, Beveraqe, Confection-Dispensinq Devices:
• General Requiations.
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(a) All articles for human consumption purveyed by means of a food,
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beverage or confection -dispensing device shall be clean, wholesome, ;
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free from taint, decay or infection, and shall contain no poisonous,
deleterious or injurious ingredients of any kind or quantity so as
to render such article for human consumption injurious or detrimental
to health. The Director of Public Health shall have the authority
to make periodic inspections of said devices to determine the purity
and wholesomeness of the -products vended, the preparation, wrapping
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,and handling of same, and to -guard against improper handling, distri-
bution and contamination of articles for human consumption thus
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purveyed.
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(b) Operators and proprietors of any vending machine dispensing
food, beverages or confections for human consumption shall be
governed by the following regulations:
1. The device shall .be located so as -to minimize potential '
for contamination of the product, and 'shall be easily cleanable.
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'No such device shall be installed or kept for use in any toilet. s
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or washroom.
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2. The exterior of the food device shall be such as to facilitate
cleaning and minimize the entrance of insects and rodents.
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3. The interior surface and component parts of the device shall
be so designed and constructed as to permit easy cleaning. All i
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product contact surfaces of the machine shall be of smooth,
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non -toxic, corrosion -resistant, non -absorbent material and shall I
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be capable of withstanding repeated cleaning and'bactericidal
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treatment by normal procedures.
4: Water used in vending machines shall be from a source
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approved by the Director of Health.
S. All waste from such device shall be properly disposed of
and, pending disposition, shall be kept in suitable containers,
so as to prevent creation of a nuisance.
6. Foods, beverages and ingredients, and product -contact
surfaces of containers, equipment and supplies shall be .protected
from contamination while in transit to the machine location.
•_Readily perishable foods and beverages, while in transit, shall
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be maintained at a temperature not higher than 50 degrees F. if
not delivered heated, or not lower than 150 degrees F. if the
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processor thereof de livers same in' heated condition.
,7. All foods, beverages and ingredients shall be manufactured, F
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processed, prepared and wrapped or packaged in commissaries
or establishments which comply with ail applicable local, state.
and federal laws and regulations. I
8. Milk and fluid milk products offered for sale through vending
devices shall be dispensed only in individual original containers,
or from bulk containers into which such product was placed at
' the milk plant. All multi -use parts of any bulk milk vending
machine which come into contact with the milk or milk product �
shall be effectively cleaned and bactericidally treated at t
the milk plant.
9. Employees shall keep their hands clean and shall wear clean
outer -garments while engaged in handling food, beverages, or '
confections or product -contact surfaces of utensils or equipment.
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10. It shall be the duty of all operators, proprietors and !
rve ors of products to food bevera e.or confection -vending.
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devices upon demand -of the Director of Public Health to furnish
for inspection samples of the dispensed products, which samples
may be analyzed under the direction of the Director of Public
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�� Health, and records of such analysis maintained in the Office of
!� the Director of Public Health. Further, operators or proprietors
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of such vending devices shall, upon the request of the Director of �
Public Health or his agents, furnish keys for the vending devices
so that the contents of same may be inspected in company with a
representative designated by the operator or proprietor of said
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vending device.
Section 25-115. Clothes Laundry Devices - General Requlations. Clothes
laundry devices shall conform to and be maintained in all respects in
compliance with the plumbing, electrical and fire prevention codes of
the City. Discharge of humid air from clothes dryers shall be properly l
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vented so as to avoid the harmful accumulations of moisture which would
adversely effect the walls or structural elements of the building within
which the laundry devices are maintained. The exterior and interior
tubs and drums of all such devices shall be coated with a corrosion -
resistant, non -absorbent material capable of withstanding repeated clean-!
ing which shall be maintained in a clean and s&mitary condition. Dust
and lint trays and vents shall be periodically emptied of accumulations.
All such devices shall be properly electrical) f
P P Y ,Sq grounded. The area in
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which such facilities are located shall be maintained in a clean and
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sanitary condition. j
Section 25-116. Auto Laundry Devices. Auto -aundry devices shall
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conform to and be maintained in all respects in: accordance with the
plumbing and electrical and fire prevention codes of the City. Surfaces
upon which .-consumers are expected to walk shall: be reasonably slip
resistant and all moving mechanical devices shall be maintained in a
I lsafe and secure condition. Explicit instructic)ns for the operation of
such devices shall be printed in a legible manrwr posted within the work
�I area. The machinery shall be properly electrically grounded. No waste
.water shall. be allowed to stand or accumulate wiithin the premises nor
shall the disposal thereof violate the provisiaons of the City plumbing
codes or established standards of water quality imposed by any govern-
mental body. i.
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it ..Section 25-117. Service Dispensing Dev.ices. All service dispensing
devices shall be securely fixed or properly footed so as to prevent movement
of the entire device upon operation. All such devices electrically
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operated shall conform in all respects to the provisions of the electrical
code and shall be properly grounded. Each device shall be equipped with
a functional coin return mechanism which shall return all deposited coins i
in the event the device is incapable of providing the service for which
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it was designed.
Section 25-118. Increasing the Number of Devices. In the event a
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proprietor, licensed under the provisions of this Ordinance, desires,
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'I after the expiration of any portion of any license year, to increase the
�i number of devices to be used in his establishment to a number within i
established limitation if any, he shall surrender his license to the
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City Collector who shall issue a new license showing the number of devices;
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i licensed thereunder, upon payment of the proper license fee therefor.
Section 25-119. Evidence of Ownership to be Filed with the City Collector.
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Any proprietor who owns a coin -operated device or amusement device at
the time this article becomes effective shall file with the City Collector'
evidence of such ownership prior to the issuance of a license; and any
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I� proprietor purchasing a device or devices after .the effective date of
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this article shall file with the City Collector evidence of ownership
thereof before exhibiting or placing said device or devices for use.
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Section 25-120. Denial, Refusal to Renew or Revocation of License.
(a). The City Manager may deny an application.for a license, or may
refuse to renew, or may revoke a license for violation of any of the
provisions of this Ordinance or any other ordinance or statute which
pertains to, or would affect, the operation of a business within the
City of Evanston. An application for a license may be denied for any
of the following reasons:
1. Failure to meet the requirements of this Ordinance.
2. Upon presentation of evidence of conviction of the applicant,
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or, if the applicant is a firm, partnership or association, of any
of its members, or if a corporation of any of its officers or
directors or of the person designated to manage or supervise the
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business of a felony or two or more misdemeanors involving moral
turpitude,.or upon presentation of satisfactory evidence that the
moral character of the applicant., manager or supervisor of the li-
censed premises is not reputable.
(b) A license may be revoked or renewal denied for any of the following
reasons:
1. Violation of any of the provisions of this Ordinance.
2. Violation of the provisions of the Code of the City of Evanston
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insofar as they pertain to.the operation of the business.
3. Upon any ground upon which the application for a license may be `
denied.
Section 25-121. Notice and Hearing. The City Manager may, upon his own
motion, and shall, upon the verified complaint in writing of any person
.setting forth facts, which if proven, would constitute grounds for the
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denial of an application for a license, or refusal to renew a license,
or revocation of a license, investigate the applicant or licensee.
Before denying an application, or refusing to renew a license or revoking
a license, the City Manager shall notify the applicant or licensee in writing
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of a hearing to be held thereon; said notice shall specify the date,
time and place of the hearing, shall designate the charges or reasons
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for contemplated action or denial or refusal to renew or revocation, and
shall be mailed or delivered to the applicant 'or licensee personally, or, !
if mailed, shall be placed postage -paid with the United States Postal
Service by registered mail to the address specified upon the application
or license.
The hearing shall be conducted by the City Manager or such other person
as the City Manager may designate. The City Manager may compel attendance`
and testimony of witnesses and the production of books and papers
pertinent to the issues of the hearing, and may administer oaths to
witnesses.
The City Manager or his designee shall not be bound by common law or
statutory rules of evidence or by technical or formal rules of procedure,
but shall conduct hearings in such manner as seems best'calculated to
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r'esult in substantial justice. In the event an application for a license
.has been denied, renewal has been refused or license has been revoked, i
the applicant or licensee and the appropriate department of the City ,
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of Evanston shall be notified in writing.
ISection 25-122. Penalties. Any person who shall violate any provision
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of this Ordinance shall be guilty of an offense punishable by a fine
I not less than Twenty-five.Dollars ($25.00) nor more than Five Hundred
Dollars ($500.00) for each.violation. Each day a violation continues
shall be deemed a separate offense. In addition thereto, such persons
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may be enjoined from continuing such violations.
Section 25-123. It is hereby declared to be the intention of the City
Council of the City of Evanston that the provisions of this Ordinance
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f� are severable, and that the invalidity of any section or of any portion
I! of any section hereof shall not affect any other section or portion of
section of this Ordinance.
SECTION 2: That Ordinance 114-0-64, adopted November 2, 1964, prohibiting
pinball machines in the City of Evanston, is hereby expressly
repealed, and all other ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 3: This ordinance shall be in full force and effect from and
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after its passage, approval and publication in the manner
1�rovided by law.
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iIntroduced December 8; 1975
Lopted. January 26 , 1976
ATTEST r
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ISI Maurice F. Brown
City Clerk
Approved as to form: /Sf Jack M. Siegel
�� Corporation Counsel